South Korea’s Legal System Faces Scrutiny After Apology for Convicted Woman Who Bit Man’s Tongue

Prosecutors in South Korea have issued a formal apology to Choi Mal-ja, a woman who was convicted over 60 years ago for defending herself against a sexual assault. In 1964, at the age of 18, Choi bit off part of her attacker’s tongue during an attempted rape, leading to her conviction for grievous bodily harm. Now 78, Choi has long campaigned for the overturning of her conviction, and her retrial commenced in Busan, where prosecutors requested the court to quash the guilty verdict.

Historic Case Revisited

Choi Mal-ja’s case dates back to 1964 when she was assaulted by a 21-year-old man in Gimhae. During the attack, he forced his tongue into her mouth while pinning her down. In a desperate act of self-defense, Choi bit off 1.5 centimeters of his tongue. While her attacker received a six-month suspended sentence for trespassing and intimidation, Choi was sentenced to ten months in prison, suspended for two years, for causing grievous bodily harm. The court at that time ruled that her actions exceeded the “reasonable bounds” of self-defense. This ruling has since been cited in South Korean legal textbooks as a significant example of the judicial system’s failure to recognize self-defense in cases of sexual violence.

A Long Fight for Justice

Inspired by the #MeToo movement, Choi began her quest for justice in the late 2010s. In 2020, she filed a petition for a retrial, 56 years after the assault, but her request was initially denied by lower courts. However, in 2023, the Supreme Court ruled that her retrial could proceed. Choi’s struggle has gained significant attention in South Korea, with public protests and support from various advocacy groups. Following the recent hearing, she expressed disbelief at the prosecution’s admission of error, stating, “If the prosecution is admitting its mistake even now, then I believe justice is alive in this country.”

Prosecutors’ Apology

During the retrial, Busan’s Chief Prosecutor Jeong Myeong-won publicly apologized to Choi, acknowledging the pain and suffering caused by the state’s actions over the decades. He stated, “We have caused Choi Mal-ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony.” Choi, visibly emotional, expressed her hope that future generations would live free from sexual violence. The court is expected to deliver a final ruling on September 10, with many legal observers anticipating that her conviction will be overturned.

A Symbol of Change

Choi Mal-ja’s case has become a symbol of the ongoing struggle for justice in South Korea, particularly regarding issues of sexual violence and self-defense. Her determination to overturn her conviction has inspired many, highlighting the need for legal reforms that better protect victims of sexual crimes. As she celebrated outside the courtroom with supporters, raising her fist in triumph, Choi’s story continues to resonate, serving as a reminder of the importance of justice and the fight against sexual violence.

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